Louisiana Certified Local Government Program Guidelines

Transcription

1 Louisiana Certified Local Government Program Guidelines Louisiana Division of Historic Preservation P.O. Box Baton Rouge, LA

2 TABLE OF CONTENTS: Preface 3 Requirements and Process for Certification 4 Requirements for Local Review Commissions 5 Survey of Historic Properties 6 Public Participation 6 Process for Certification as a CLG 8 Triennial Reviews - Assessment of Performance 9 Participation of CLGs in the National Register Process 10 CLG Grants 11 Appendices 13 Appendix A Model Ordinance 14 Appendix B CLG Application 27 Appendix C State Survey Form 29 Appendix D COA Flowchart 33 2

3 PREFACE In 1966, Congress passed the National Historic Preservation Act, giving preservation a high national priority and establishing programs to encourage the preservation of historic properties. One of these programs was the establishment of the State Historic Preservation Offices (SHPO), administered by gubernatorially appointed State Historic Preservation Officers (SHPOs) and funded by the Department of the Interior through the National Park Service. Each state developed an integrated program to address state and national preservation concerns. In Louisiana, the state program is administered through the Louisiana Division of Historic Preservation. The success of the federal-state partnership prompted Congress to expand the partnership to include local governments in Both the SHPO and the National Park Service certify local governments to participate in this partnership if they meet certain requirements. In 1992, Congress passed additional amendments that relate to local government programs. The CLG program seeks to encourage and expand local involvement in preservation issues through a partnership between the CLG and the SHPO. To strengthen existing local preservation programs and to catalyze the development of new ones, CLGs are eligible to apply annually for 50/50 match survey and planning grants. CLGs also assume a leadership role by identifying, evaluating, and protecting historic resources within their communities. Additionally, they receive technical advisory services from the SHPO, and have a formal role in the National Register Process. 3

4 REQUIREMENTS AND PROCESS FOR CERTIFICATION Eligibility Any local government, which meets the criteria set forth in this document, is eligible to apply for certification. The National Historic Preservation Amendments Act of 1980 contains five standards, which must be met by a local government seeking certification. The local government must: 1. Enforce appropriate or local legislation for the designation and protection of historic properties. 2. Establish an adequate and qualified historic preservation review commission by local legislation. 3. Maintain a system for the survey and inventory of historic properties. 4. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties to the National Register. 5. Satisfactorily perform the responsibilities delegated to it under the Act. Each state is required to see that certified local governments satisfy these minimum requirements and may specify additional requirements. The minimum requirements for certification of local governments in Louisiana are defined below. Requirements for Local Legislation 1. The purpose of the historic preservation law shall be clearly stated and should be substantially similar to the language of enabling legislation for historic district commissions in Louisiana (R.S. 25: ). 2. The law shall clearly define a process and criteria for historic district and/or historic property designation. 3. The law shall establish a commission, which shall have at minimum, the authority to review all proposed demolitions, and to advise upon all proposed alterations, relocations, and new construction, within the boundaries of designated historic districts, or which affect individually designated historic properties. 4. The criteria upon which a commission reviews proposals for demolitions and alterations shall be clearly set forth in the law and in design guidelines adopted by the commission. 5. The historic preservation law shall contain specific time limits within which the commission and the applicant shall act. 4

5 REQUIREMENTS FOR LOCAL REVIEW COMMISSIONS 1. The responsibilities of the Commission must be complementary to and coordinated with those of the Division of Historic Preservation, Office of Cultural Development, Department of Culture, Recreation, and Tourism, of the state of Louisiana, as enumerated in the National Historic Preservation Act of 1966, and in state and federal preservation standards, guidelines, and regulations. Each certified local government shall have a commission with a minimum of five members and a maximum of fifteen, to be appointed by the mayor and/or city council. 2. All commission members shall have a demonstrated interest, competence, or knowledge in historic preservation. Local governments shall make a good faith effort to appoint professional members from the disciplines of architecture, history, architectural history, planning, archaeology, or other related fields, to the extent that such professionals are available in the community. A good faith effort shall be defined as advertising in the officially designated city newspaper. In addition, local governments shall appoint lay members who have demonstrated special interest, experience, or knowledge of these disciplines. 3. Terms of office of certified local government commission members shall be staggered and of three to five years duration (except as provided in the initiation of a commission). There need not be a limit on the number of consecutive terms served by any one member. 4. The local appointing authority shall act within 60 days to fill a vacancy, including expired terms. 5. A triennial report of the activities of the commission shall be submitted to the SHPO. Such reports shall include, but are not limited to: the number and types of cases reviewed and their disposition, new designations made, revised resumes of commission member, appointments to the commission, attendance records, additions to and deletions from the inventory of historic properties, and all minutes from commission meetings. (see Assessment of Performance on pg. 9) 6. The certified local government historic district commission, in addition to reviewing demolitions, alterations, and relocation of properties under its jurisdiction, shall review all proposed National Register nominations for properties within its jurisdiction. 7. Federal regulations require that there be no overlapping jurisdictions (i.e. between city and parish). The SHPO will determine case by case how to handle those communities wishing to be certified where joint commissions have been established (i.e. a parish historic preservation commission with jurisdiction in both municipal and unincorporated areas). 8. The SHPO may, at his or her discretion and by mutual written agreement with the local government, delegate further responsibilities to the historic district commission. 9. Commission members are required to attend at least one historic district commission training session per year pertaining to the work and functions of the commission or to historic preservation. Such meetings may include those sponsored by the SHPO, the National Trust for Historic Preservation, the Louisiana Trust for Historic Preservation, or a local preservation organization. 5

6 10. The SHPO shall make available materials and training to all historic district commissions. The trainings shall be designed to provide a working knowledge of the roles and operation of federal, state, local, and private preservation programs. 11. Responsibilities of historic district commissions shall be complementary to and coordinated with those of the SHPO as enumerated in the National Historic Preservation Act of 1966, and in state and federal preservation standards, guidelines, and regulations. [36 CFR61.4(b)] 12. Certified local governments must annually complete a Government Performance and Results Act (GPRA) Annual Report provided by the National Park Service. Staff Requirement The historic district commission must designate a paid member of its staff, or a person working under contract, as the individual responsible for the operations of the local commission in keeping with the requirements of certifications. The designated person need not have historic preservation as his or her sole responsibility, nor must the person have special training or expertise in a preservation related field, although such training would be desirable. The intent of this requirement is to ensure that the certified local government is capable of meeting its legal responsibilities related to historic preservation. The designated person may be the director or paid secretary of the commission, the planning director or member of the planning staff, the zoning administrator, the town, city, or parish manager, the Main Street manager, or another staff member designated by the local government. Survey of Historic Properties The historic district commission shall begin or continue the process approved by the SHPO to identify historic properties within the jurisdiction of the local government. This survey process and data must be consistent and compatible with the SHPO survey program and with the comprehensive statewide preservation planning process. A copy of the statewide survey form can be found in the appendix. In conjunction with the statewide survey of historic standing structures maintained by the Division of Historic Preservation, the commission shall periodically update any existing survey of historic properties within its jurisdiction by adding properties whose existence or significance had been previously overlooked, adding properties that have gained significance as historic since the previous survey, and removing properties that have been significantly altered or demolished. This additional information shall be incorporated into Louisiana s statewide survey of historic properties either by amendments to existing files or by the creation of new files using forms provided by the SHPO. Accompanying the forms should be a report from the commission listing the properties which have been added or removed from the survey. Public Participation All meetings of the commission shall be open to the public, and public comment on commission activities shall be encouraged. Commission meetings must occur at regular intervals at least four times a year. Public notice must be provided prior to any special meeting. 6

7 Commissions must adopt and adhere to the rules of procedures as required by Louisiana s enabling legislation for historic preservation districts (see Appendix B). Careful minutes of all actions of the historic district commission including the reasons for making these decisions must be kept on file and available for public inspection. All decisions made by the historic district commission shall be made in a public forum and applicants shall be given written notification of decisions made by the commission. Written notification shall cite criteria upon which the decisions were made. During any discussion of the National Register, whether recommending properties for possible nomination or reviewing completed nominations, the historic district commission shall provide opportunity for public comments. 7

8 PROCESS FOR CERTIFICATION AS A CERTIFIED LOCAL GOVERNMENT Before you can apply to be a Certified Local Government, these are the items that need to have been accomplished: 1. Passage of an historic preservation ordinance passed by the city council 2. An historic preservation commission must be in place, appointed by the mayor or chief of the governing body 3. An historic preservation district must be defined and included in the ordinance; you will want to have this on a map that is available to the community 4. A survey and inventory of the historic district, which will be regulated by the new ordinance Once you have these things in place, you can fill out and submit an application. There will be some additional pieces of information required with the application. They are as follows: 1. A letter of request for certification from the chief elected official. 2. Copies of all historic preservation ordinances that have been adopted by the local governing body. 3. A map(s) clearly defining the boundaries of all historic districts designated by local ordinance and/or showing the locations of any locally designated historic properties. 4. A sample copy of the historic resource survey and inventory form currently being used. 5. A copy of the rules of procedure for the historic preservation commission. 6. A copy of any guidelines for the decisions made by the historic preservation commission. (In the absence of formal guidelines, a written description of how the commission s decisions are made should be included.) 7. A sample public notice of the historic preservation commission s meeting. 8. A sample copy of the agenda and minutes of a commission meeting. 9. A sample notice of the commission s decision to an applicant. 10. A list of commission members including officers. Provide a resume for each member. Within 45 days from the time SHPO receives a completed request for certification, the SHPO shall respond to the chief elected official of the local government. If the SHPO approves the application, the SHPO and the local government enter into a written agreement, which specifies the responsibilities of the local government. The local government must: 1. Enforce appropriate legislation 2. Establish an historic district and an historic district commission 3. Maintain an inventory of historic structures 4. Provide for public participation 5. Perform any additional responsibilities delegated to all CLGs in the state 6. Perform any specific responsibility delegated to it by the state. At the same time as it responds to the completed application, the SHPO will send a copy of the CLG application and a copy of the proposed certification agreement between the state and the CLG to the National Park Service. If the National Park Service states any objection to the certification, the SHPO will work with the local government to address NPS s concerns. If the local government s request for certification is denied by NPS, the local government can appeal the decision. A blank application can be found in Appendix B. 8

9 TRIENNIAL REVIEWS ASSESSMENT OF PERFORMANCE The SHPO shall conduct a triennial review of certified local governments to assure that each CLG continues to meet the minimal requirements and is satisfactorily performing its responsibilities. The SHPO shall also review the report submitted by CLGs, records of the administration of funds allocated from the Historic Preservation Fund, and other documents as necessary. The CLG shall make those records available to the SHPO. The SHPO shall inform each CLG of the results of the triennial review in writing. If the SHPO evaluation of the CLG continuation application indicates that a CLG no longer meets the minimum requirements, and if the CLG states in writing that it does not wish to retain its status, the CLG will be decertified. If the performance of a CLG is not satisfactory, and the CLG indicates that it wishes to retain its status, the following procedures shall be followed: 1. The SHPO shall notify the CLG in writing that its performance is inadequate and that it risks losing certification. The SHPO shall document the assessment that the CLG s performance is inadequate and recommend steps to bring its performance up to a satisfactory level. 2. The CLG shall have a period of not less than 30 and no more than 90 days to make improvements. If the SHPO determines that sufficient improvements have not occurred, the SHPO may recommend decertification of the CLG to the National Park Service, citing specific reasons for the recommendation. After decertification, a local government may request recertification after meeting the requirements for a CLG. A CLG may petition the SHPO to be decertified voluntarily. 9

10 PARTICIPATION OF CLGS IN THE NATIONAL REGISTER PROCESS In accordance with the National Historic Preservation Amendments Act of 1980, the certified local government may comment on each property or district within its jurisdiction proposed for nomination to the National Register of Historic Places. The certified local government will be involved in the National Register Process in the following manner: 1. If a property to be nominated lies within the jurisdiction of a certified location government, the State Historic Preservation Office shall send copies of the nomination to the local historic preservation commission and the chief local elected official within 30 days after the State Historic Preservation Office has determined that the nomination is complete and accurate. 2. The local historic preservation commission and the chief elected official, the latter acting on behalf of the local governing board, shall separately notify the State Historic Preservation Office and the applicant as to their comments in regard to the proposed nomination within 60 days of receipt of the nomination materials. If the certified local government does not respond within 60 days, they will be assumed to have no comment. With the concurrence of the certified local government, the State Historic Preservation Office may specify a shorter review period in order to expedite the nomination process. 3. During the 60 day period, the certified local government shall provide a reasonable opportunity for public comment. The measures to be taken will be determined by the certified local government and the State Historic Preservation Office, and the certified local government shall submit a record of the measures to be taken to notify the public and the comments received. 4. After a nomination is approved by the National Register Review Committee, the State Historic Preservation Office shall send it to the National Park Service with the comments and opinions of the local chief elected official and the local historic preservation commission. 5. The State Historic Preservation Officer may, at his or her discretion, and by mutual written agreement with the certified local government, delegate further responsibilities for National Register nominations to the certified local government, except for the authority to review and nominate properties directly to the National Register. 10

11 CLG GRANT FUNDS Federal law provides that 10% of the Historic Preservation Fund (HPF) allocated to the states be set aside for distribution to Certified Local Governments. The CLG share of the Historic Preservation Fund allocated to Louisiana shall be available to local governments on a reimbursable 50/50 matching basis for eligible historic preservation activities and projects. The grant money is used towards survey and/or planning projects for the local community. These grants fund local preservation activities in communities that have preservation ordinances. In an effort to encourage further preservation planning and build partnerships between state and local preservation organizations, the Louisiana Division of Historic Preservation has created a program to award preservation planning grants to Certified Local governments on a competitive basis. The state is not required to award funds to all CLGs that are eligible to receive funds. The projects that are awarded funds must be related to survey and planning for the community. These types of projects include: Developing design guidelines for historic districts Municipal Historic Resource Inventory Surveys Feasibility studies on single historic buildings or groups of historic buildings Conditions assessments and historic structures reports Public information projects relative to historic preservation Education projects relative to historic preservation Historic preservation training programs for officials and local citizens The CLG state staff is open to hearing any new ideas for survey and planning projects. Please contact state staff if you have an idea that is not on the above list. Certified Local Governments (CLGs) are the only eligible applicants for CLG Historic Preservation Planning Grants; however, CLGs can apply on behalf of individuals or organizations. CLG Historic Preservation Planning Grants are reimbursable, 50/50 (cash) matching grants. Project work may only begin after the grant is awarded and a funding agreement with the Division of Historic Preservation is signed. The recipient pays for all costs up-front, and grant funds are reimbursed for 50 percent of the costs, up to the grant amount. The Application Applications for the CLG Survey and Planning Grants will be made available each year in January. Information that is included on the grant application includes: Applicant information: name of the CLG and name, title, address, and telephone number of the contact person or project manager Project information: type of project, project title, and sources and availability of matching funds Abstract of Proposed Project: a clearly stated project description including specific goals which are attainable within the funding period Budget: list of work items and costs 11

12 Evaluation of the Application Applications will receive comprehensive review by the Division of Historic Preservation (DHP) Staff, after which, recommendations will be made to the State Historic Preservation Officer. DHP staff will make available, upon request, the rationale for applicants selected and the amounts awarded. Project selection will be based on the following criteria: Assessment of Need: the applicant should contain a brief description of the problems and opportunities affecting the historic resources in the community. The statement may be supported by evidence, such as statistics or testimonials from community groups. The assessment of need should indicate how the project will relate to community problems. Design of Project: the project description should include clearly stated, specific goals that are realistically attainable within the funding period. Applications should also demonstrate an understanding of state and local preservation priorities including efforts to advance the identification, evaluation, and protection of the state s historic and prehistoric resources. Project Cost: the application should include a feasible project cost, combining the requested CLG grant funds and available non-federal matching monies. Demonstrated community support and a financial commitment from the local governments should be indicated. Previous HPF grant awards should be listed, including any previous CLG funds. Impact: the application should identify the impact of the project on the local community, including direct and indirect results. Consideration will also be given to the contribution of project activities on issues identified in the comprehensive preservation plan of the Division of Historic Preservation. Distribution of Funds: The Division of Historic Preservation will attempt equitable distribution of preservation funding to both urban and rural areas and among major geographical areas of the state. Reasonable effort will also me bade to divide monies among the maximum number of eligible local jurisdictions to the extent that such distribution will result in grant awards which will be sufficient to generate the desired effects. This is to insure that no CLG receives a disproportionate share of the allocation. Application Timetable Each year, the grants are announced in January. Applicants have roughly a month to a month and a half to complete the applications and submit them. After all applications are received, a panel of preservation professionals reviews the applications and help to score them. The grants are then ranked according to their scores and based on a particular year s budget, monies are allotted to each grant selected. The review and ranking process takes roughly a month. By April or May of each year, DHP staff should have the grant decisions announced to the applicants. Grant agreements are written and the projects run from June through July of the next year. 12

13 APPENDICES Appendix A Model Ordinance Appendix B CLG Application Appendix C State Survey Form Appendix D COA Flowchart 13

14 APPENDIX A MODEL ORDINANCE MODEL ORDINANCE FOR LOUISIANA CERTIFIED LOCAL GOVERNMENT WHEREAS, the City Council is desirous of promoting the educational, cultural and economic welfare of the public of the City by preserving and protecting historic structures and neighborhoods which serve as visible reminders of the history and heritage of the city, region, state and nation, and furthermore it is the purpose of this ordinance to strengthen the economy of the City by stabilizing and improving property values in historic areas; I. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of, in legal session convened, as follows, to-wit: SECTION 1. Commission Established There is hereby created a Commission to be known as the Historic District Commission of the City of. SECTION 2. Recommendation and Appointment of Members The Commission shall consist of [not fewer than five (5) and no more than fifteen (15)] members, all of whom shall reside in the City, and shall be appointed by the Mayor. SECTION 3. Term; Vacancies Each of the members of the Commission shall be appointed for a term of four (4) years. The Chairman shall be elected by the members of the Commission. Whenever the term of a member of the Commission expires, the Mayor shall appoint his successor. The members may serve consecutive terms. The first commission shall have staggered terms: 1/4 with one (1) year terms, 1/4 with two (2) year terms, 1/4 with three (3) year terms and 1/4 with four (4) year terms. All commission members shall have a demonstrated knowledge of or interest, competence, or expertise in historic preservation. The commission shall seek the advice, as needed, of professionals in the related disciplines of architecture, history, architectural history, or archaeology, etc. SECTION 4. Administration and Committees The Director [of a related city department, i.e. Community Affairs, Planning, Community Development - to be determined by the Mayor and City Council] of the City of will serve as advisor to the Commission and will act as liaison between the Commission and the Office of the Mayor. Nominal expenses necessary to carry out the duties of the Commission will be budgeted through the aforementioned department. The recording secretary for the Commission will be designated by the director and all files, records, and minutes of the Commission will be maintained by the department. The City Attorney shall be the ex officio attorney for the Commission. The Commission may designate and appoint, from among its members, various committees with such powers and duties as the Commission may have and prescribe. SECTION 5. Rules, Regulations and Guidelines; Meetings; Reports and Recommendations 14

15 The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs not inconsistent with the laws of the City and State. The Commission shall meet monthly, but meetings may be held at any time by the Commission on the written request of any of the [insert the number of Commission members] members or on the call of the Chairman of the Commission or of the Mayor. The Commission shall make quarterly reports to the Mayor and Council containing a statement of its activities. Copies of the rules, regulations and guidelines are available at the Historic District Commission office. SECTION 6. Purpose The Historic District Commission shall have for its purpose the preservation and stewardship of all structures in the designated Historic District of the City. The commission shall have for its further purpose the guardianship of those structures which have architectural and historical value and which should be preserved for the benefit of the people of the City and State. To Wit, the goals of the Historic Districts are as follows: A. Protect, enhance and perpetuate resources which represent distinctive and significant elements of the city's historical, cultural, social, economic, political, archaeological, and architectural identity; B. Insure the harmonious, orderly, and efficient growth and development of the city; C. Strengthen civic prode and cultural stability through neighborhood conservation; D. Stabilize the economy of the city through the continued use, preservation, and revitalization of its resources; E. Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; F. Promote the use of resources for the education, pleasure, and welfare of the people of the city of. G. Provide a review process for the preservation and appropriate development of the city's resources. SECTION 7. Definition of Historic District The following area of the City of is hereby designated as the, Historic District, to wit: [Insert verbal description of geographic boundaries of Historic District and attach a map.] SECTION 8. Procedures for Application of Certificate of Appropriatness A. Whenever any application for a certificate of appropriateness if filed with the commission, the commission shall immediately notify the Director of Revenue, Regulatory Codes, and Permits for the City of that the application has been filed. Similarly, whenever the Director of Revenue, Regulatory Codes, and Permits for the City of becomes aware that an application has been filed for a permit affecting a property under the jurisdiction of the preservation commission, the Director of Revenue, Regulatory Codes, and Permits for the City of shall immediately notify chairman or vice-chairman, if the chairman is unavailable, that such an action has been filed. B. The commission shall have the authority to determine when a filed application is complete and contains all required information. An application deemed incomplete by the commission shall not be considered to have been filed for the purposes of this ordinance. The commission shall develop standard application forms and its written guidelines shall specify what information an applicant shall attach to each form. 15

16 C. Members of the commission shall establish a regular schedule for the hearings of the commission. One hearing shall be scheduled for each month unless no application for a certificate of appropriateness has been submitted. However, the commission has to meet at least once ever three (3) months even if no applications for a certificate of appropriateness have been submitted. D. The applicant shall, upon request, have the right to a preliminary conference with the commission staff or the chairman or vice-chairman for the purpose of learning whether changes or adjustments to the application could make it more consistent with the commission s standards. E. Not later than six (6) days before the date set for the said hearing, the city building official shall mail notice thereof to the applicant at the address in the application and to all members of the commission. F. Notice of the time and place of a scheduled public hearing on an application for a certificate of appropriateness shall be given by publication in a newspaper having general circulation in the city at least four (4) days before such hearing and by posting such notice on the bulletin board in the lobby of city hall. G. At the scheduled public hearing, the applicant for a certificate of appropriateness shall have the right to present any relevant information pertaining to the application. Likewise, the city, the commission and its staff, and members of the public shall have the right to present any additional relevant information pertaining to the application. The Commission shall issue rules of procedure specifying in detail how a public hearing shall be conducted and when comments and information from different sources shall be heard. H. The commission, at either a preliminary conference or at a public hearing, shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the commission. If the commission chooses to do this at a preliminary conference after an application for a certificate of appropriateness has been filed, then the time during which the commission must render its decision, as set forth below in Paragraphs 1. and J., shall be extended by thirty (30) days in order to permit the applicant to prepare any new drawings or other submissions which prove necessary. 1. Within not more than forty-five (45) days after the hearing on an application, the commission shall act upon it, either approving, denying, or deferring action until the next meeting of the commission, giving consideration to the factors set forth in Section VII hereof. Evidence of approval of the application shall be by certificate of appropriateness issued by the commission and, whatever its decision, notice in writing shall be given to the applicant and the city building official. J. Failure by the commission to reach and render a decision within sixty (60) days of the date of filing of the application with the commission shall be taken to constitute approval of the application by the commission, unless and applicant has requested that the commission delay its decision beyond the sixty (60) day period otherwise required. K. The issuance of a certificate of appropriateness shall not relieve an applicant for a companion building permit, special use permit, variance, or other authorization from compliance with any other requirement or provision of the laws of the city concerning zoning, construction, repair, or 16

17 demolition. In all such cases, applicants are encouraged to apply first for a certificate of appropriateness as other city agencies will be advised by the preservation commission in making their subsequent decisions. L. No building permit which affects a resource shall be issued by the city official prior to the issuance of a certificate of appropriateness by the commission. Even if a building permit is not otherwise required by the city ordinances for construction, alteration, demolition, or relocation of any resource, a certificate of appropriateness from the commission is required. SECTION 9. Submission of Plans to Commission for Exterior Changes A. The owner of any property within the Historic District shall apply for a permit or Certificate of Appropriateness from the Commission before the commencement of any work in: 1. the erection of any new building or other construction in the Historic District; or 2. the alteration or addition to any existing structure in the Historic District; or 3. the painting, repairing or demolishing of any existing building situated within the Historic District. 4. the relocation of any building into or out of the Historic District. B. The application therefore shall be made to the Commission, accompanied by the full plans and specifications thereof so far as they relate to the proposed appearance, color, texture, materials, and architectural design of the exterior, including the front, sides, rear and roof of such buildings, alterations or addition of any building or outbuilding, party wall, courtyard, sidewalk, driveway, parking area, fence or other dependency thereof. C. Where, by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstance applicable solely to the particular applicant, strict enforcement of the provisions of this Ordinance would result in serious undue hardship peculiarly affecting said applicant, then the commission, in passing upon his application, shall have the power to vary or modify adherence to this Ordinance provided always that its requirements insure harmony with the general purposes hereof, and will not adversely affect the Historic District as a whole. SECTION 10. Commission Recommendation and Action Thereon The Historic District Commission shall, upon due consideration, render its decision concerning the approval or disapproval of the issuance of the permit, which may include such changes, if any, as in its judgement are reasonably necessary to comply with the requirements of this Ordinance, and send its decision, in writing, to the applicant and the Building Inspector. If the permit is approved, the Building Inspector shall promptly issue a permit for such work in conformance with the Commission s decision. SECTION 11. Appeals Any person or persons aggrieved by any decision, act or proceedings of the Historic District Commission shall have a right to apply in writing to the City Council for reversal or modification thereof; and the Mayor, or presiding officer of the City Council, shall have the right to stay all further action until the City Council shall have had an opportunity to rule thereon. Any such appeal shall be taken in ten days from date of the written decision, and the City Council may consider said appeal at its next general or special meeting, but, in any event, not more than forty-five days thereafter. The City Council may affirm a decision of the Historic District Commission by majority vote of all its members. The City Council shall have the right 17

18 to reverse, change or modify any decision of the Historic District Commission by majority vote of all its members. Any person or persons aggrieved by any decision of the City Council affecting said Historic District shall have the right to file a civil suit within thirty days from date of decision in a court of competent jurisdiction under the usual rules of procedure governing same, with the right to stay order and injunctive relief provided the situation warrants it. SECTION 12. Injunctions Whenever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this Ordinance, the Commission may make application to the appropriate Court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation or to remedy such violation by restoring the affected property to its previous condition. Upon a showing by the Commission or the City that such person has engaged or is about to engage in such act or practice, a permanent or temporary injunction, temporary restraining order, or other appropriate order shall be granted without bond. SECTION 13. Penalties Any owner, agent, lessee or other person acting for or in conjunction with him, who shall violate the Historic District Ordinance or law or rules, regulations or decisions of the Commission, shall be fined not less than [insert dollar amount] nor more than [insert dollar amount] for each infraction. Each day that a violation continues shall constitute a separate offense. SECTION 14. Stopping Work Commenced Without Permit The Building Inspector shall promptly stop any work attempted to be done without or contrary to a permit issued under this Ordinance and shall promptly prosecute any person responsible for such a violation of this Ordinance or engaged in such violation. Any officer or authorized agent of the Commission shall exercise concurrent or independent powers with the Building Inspector in prosecuting violations of this Ordinance and stopping work attempted to be done without or contrary to the permits reported by the Ordinance SECTION 15. Provisions of Ordinance Prevail in Case of Conflict The provisions of this Ordinance shall govern and take precedence over any other provisions of any ordinance or codes of the City of. SECTION 16. New Construction Proposals for new construction in the Historic District should seek compatibility with existing structures through the appropriate use of site planning, materials, decorative details, architectural elements, and scale. A proposal should not draw unnecessary attention to itself in any one of these characteristics. However, a proposal should not duplicate or copy historic styles and periods. The architectural context is of primary concern. A. Scale: The relationship of the building and its elements (including doors and windows) to other structures in the district It is important in considering scale, that a careful study be made of the height, width, and mass of buildings in the immediate neighborhood and district as a whole. This study should serve to confirm or deny the appropriateness of the height, width, and mass of the proposed building. Maximum height of any new structure shall conform to The Secretary of the Interior s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. In no case shall a new structure exceed a height of 75 feet above the street. 18

19 B. Siting: The positioning of a building on a lot. This process includes determining the setback of a building, the spacing of this building from adjacent buildings, and the location of the walls, fences, walks, drives, and landscaping, if any of these are used in the overall design. C. Materials: The surface building fabric which contributes to the exterior character and appearance of a building. D. Decorative Details: Ornamentation or embellishment. These include cornices, lintels, arches, balustrades, chimneys, shutters, columns, and other common details. When used, details should create a unifying effect on a building and should be compatible with the context of the neighborhood. E. Architectural Elements: Parts of a building that are integral to its composition. These include balconies, roofs, porches, chimneys, dormers, parapets, and other parts of a building that contribute to its overall shape and silhouette. The choice and arrangement of elements of a proposed building should reflect those of other buildings in the neighborhood. The building should not draw unnecessary attention to itself by failing to relate to neighboring styles. Neither should it copy these styles. The object is to compliment the context of the Historic District. SECTION 17. Standards for Rehabilitation, Restoration and Reconstruction A. Standards for Preservation 1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected, and if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, when determined appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. When the property s distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction at a 19

20 particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations, Preservation must be considered as a treatment. B. Standards for Rehabilitation 1. A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken. 4. Changes to a property that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation must be considered as a treatment. C. Standards for Restoration 1. A property shallbe used as it was historically or be given a new use which reflects the property s restoration period. 2. Materials and features from the restoration period shall be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be undertaken. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 20

21 4. Materials, features, spaces, and finishes that characterize other historical periods shall be documented prior to their alteration or removal. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period shall be preserved. 6. Deteriorated features from the restoration period shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. 7. Replacement of missing features from the restoration period shall be substantiated by documentary and physical evidence. A false sense of history shall not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically. 8. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 9. Archeological resources affected by a project shall be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 10. Designs that were never executed historically shall not be constructed. When the property s design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; when there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned, Restoration may be considered as a treatment. Prior to undertaking work, a particular period of time, i.e., the restoration period, should be selected and justified, and a documentation plan for Restoration developed. D. Standards for Reconstruction 1. Reconstruction shall be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property. 2. Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken. 3. Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial relationships. 4. Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the nonsurviving historic property in materials, design, color, and texture. 5. A reconstruction shall be clearly identified as a contemporary re-creation. 6. Designs that were never executed historically shall not be constructed. When a contemporary depiction is required to understand and interpret a property s historic value (including the re-creation of missing components in a historic district or site ); when no other property with the same associative value has survived; and when sufficient historical 21